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CP Plus ANPR PCN @ MOTO services Wetherby

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Hi,

 

First post, must say this seems to be a great website. Looking forward to the great advice from the community!

 

A bit about myself, I suffer from a couple of common illness's that cause fatigue. I have subsequently changed my diet, job, leisure activities, sleeping pattern etc.

 

One of the things I do that helps, is to offset my commuting so that I'm not traveling in rush hour, in an effort to reduce traveling time, this might mean that once I am past the busy sections on my route, I might catch up on a couple of hours sleep.

 

This brings me to why I'm posting, as the title suggests, I exceeded the free parking period at MOTO Wetherby and have now been hit with a £100 fine, £60 if I pay before 14 days.

 

Please see information below:

 

For PCN's received through the post [ANPR camera capture]

 

Note: On the letter I received it states that it is a "Charge Notice"

 

 

1 Date of the infringement: 11/07/18

 

2 Date on the NTK [this must have been received within 14 days from the 'offence' date]: 18/07/18

 

3 Date received: 21/07/18

 

4 Does the NTK mention schedule 4 of The Protections of Freedoms Act 2012? [y/n?]: No

 

5 Is there any photographic evidence of the event?: Yes

 

6 Have you appealed?: No

 

7 Who is the parking company?: CP Plus

 

8. Where exactly [carpark name and town]: MOTO/Wetherby

 

For either option, does it say which appeals body they operate under: BPA

Edited by Sick of the scams in UK

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one point - it is NOT A FINE.

nowhere do they use that word and they cant fine you

its a speculative invoice

 

https://cse.google.co.uk/cse?cx=partner-pub-8889411648654839:6449422593&ie=UTF-8&q=MOTO+Wetherby&sa=Search+CAG


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generally the CPP sigsns are a dogs breakfast so dont create a contract in the frst place.

Also MOTO arent the landowners so the contract between the two isnt worth a light when it comes to ability to offer you terms.

 

Also we would like to see the NTK they sent you with your personal details redacted as many companies get the wording wrong and so cant create an enforceable condition, either with the driver or the keeper.

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Also MOTO arent the landowners

 

Moto (or their parent company) could well be the landowners EB. Since the late 80's service areas have been privately bought (and owned), usually by the companies running them. Before then, the land was bought/acquired by the DoT.

 

Wetherby services was only fully opened in the late 2000's (2007 or 8 I think) so the land it sits on could belong to Moto. Although that really doesn't make the parking charge any more valid.


We could use your help

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Please note that my posts are my opinion only and should not be taken as any kind of legal advice.

 

If I've helped you at all, please feel free to click on the little star under my posts and leave feedback :)

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You learn somehtingh new every day. Now the service stations on the M25 are owned by another company and the petrol stations and services run by whoever so perhaps Moto, like in other palces dont own the land but a lease for part of it.

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I'm not sure what you mean by there being a template in the forum stickies. Which one are you talking about?

 

What are CPP actually 'claiming' that you did? I know they've said that the driver stayed over the 2 hour free parking period, but what have they said exactly? Any chance of you scanning and redacting the NtK and then using upload

 

It's difficult to give specific advice when we don't know the actual specifics :thumb:


We could use your help

PLEASE HELP US TO KEEP THIS SITE RUNNING

 

 

Please note that my posts are my opinion only and should not be taken as any kind of legal advice.

 

If I've helped you at all, please feel free to click on the little star under my posts and leave feedback :)

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tell us the whole story with all dates and times,and show us what you have received.

 

Once we know the SP we can advise what to do next.

Often that advice is sit on your hands and force them to do something but not always.

 

you will see on other retail site threads we recommend contacting the shop/hotl/gym and give them the problem to deal with, sometimes with suggestions that social media comments might impact on this

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Well, it isnt POFA compliant to create ANY liability as it fails to contain certain key information such as who the creditor is. A PO box number isnt good enough for the NTK, it need a proper legal service address.

 

They also fail to say who the creditor is and talk about their client.

This means

(1) no debt and

(2) if there was a debt the debtor would owe the money to someone else, not them.

 

Also, the signage they show a picture of isnt a contract as it refers to terms on other signs and doesnt mention a charge for the supposed breach of contract by overstaying

 

therefore you might have broken the 2 hour limit but you owe them nothing because there isnt such a demand on the sign they refer to.

 

The law doenst expect you to guess the intent of an unknown person to create a debt, even the Victorians thought that was not possible and they had some pretty strange ideas when it come to owing money..

 

My advice

- ignore them and let them chase you right up to the lawyers letters bit and them let them know what is what.

 

Dont tell them anything now, it is their job to know and if they are stupid (likely) then they can consult the solicitors who own the IPC, their trade body for advice.

 

Will and John are known throughout the land for their superpowers, mainly reducing their members bank balances and making the a laughing stock but they are super at it.

Edited by dx100uk
Spacing

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EB.

 

There is a proper address for service of documents on the NtK, it's at the bottom of page 1. Mind you, that's probably just a 'convenience address' to comply with the law, so god knows how often it actually gets checked for mail.

Also, CP Plus are BPA (not IPC) members.

 

I agree with the rest of your post though :thumb:

 

 

That NtK is typical of Ranger Services shoddy procedures.


We could use your help

PLEASE HELP US TO KEEP THIS SITE RUNNING

 

 

Please note that my posts are my opinion only and should not be taken as any kind of legal advice.

 

If I've helped you at all, please feel free to click on the little star under my posts and leave feedback :)

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Ok but still not POFA compliant to create ANY liability as far as wording of NTK goes though and signage is pants

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